A patients’ role was historically recognised as being considerably limited, arguably nonexistent, in determining what was considered to be their best interests. This essay will engage in a critical analysis of judge-made law relating to the extent of incapacitated patient participation in the assessment of their best interests. In an effort to do so, it will start by assessing the noteworthy judgements which have developed the extent in which an incapacitated patient’s wishes, feelings and views may be taken into account. This evaluation will prove the dynamic shift in societal opinion and medical practice, which developed a paternalistic ‘doctor knows best approach’ of bests interests to a patient centered one instead. Following this, I will engage in a critical case analysis of Peter Jackson J’s antagonistic judgements in A Local Authority v E and the later decision of Wye Valley. This comparison will be used to show how the extent to which the courts have taken into account an incapacitated patient’s wishes has conclusively expanded over time. Finally, I will conclude by analysing what the relevant advantages and disadvantages are of incorporating a patient’s wishes into the best interests test assessment.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Development of the Common Law
- The best interest test
- The first key development
- The increase of focus
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This essay critically analyzes the extent to which UK courts consider incapacitated patients' wishes in determining their best interests. It examines the evolution of this concept in the common law, highlighting the shift from a paternalistic approach to a patient-centered one. The essay delves into key legal judgments and analyzes the balance between a patient's wishes and medical professionals' opinions.
- Evolution of the best interests test in UK law
- Shifting societal and medical perspectives on patient autonomy
- The role of courts in assessing best interests for incapacitated patients
- The weight given to incapacitated patients' wishes and values
- Balancing patient autonomy and medical interventions
Zusammenfassung der Kapitel (Chapter Summaries)
- Introduction: This section outlines the changing landscape of medical law concerning incapacitated patients' participation in treatment decisions. It highlights the shift from a limited role to a more patient-centered approach and introduces the essay's objective to critically analyze the role of courts in incorporating incapacitated patients' wishes.
- Development of the Common Law: This chapter traces the evolution of the best interests test, exploring landmark cases like F v West Berkshire, Bland, and Re A. It examines how the courts gradually incorporated patients' wishes, values, and beliefs into the best interests assessment, moving away from a purely paternalistic approach.
Schlüsselwörter (Keywords)
This essay focuses on the legal framework surrounding incapacitated patients' participation in treatment decisions in the UK. Key concepts include best interests test, patient autonomy, legal capacity, medical ethics, judicial interpretation, and landmark cases like F v West Berkshire, Bland, and Re A. The analysis explores the balance between a patient's wishes and medical professionals' opinions, emphasizing the evolving role of courts in safeguarding patient rights.
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- Sara Vincenzotti (Autor), 2020, My Way or the Court's way?, Múnich, GRIN Verlag, https://www.grin.com/document/903670
